Industrial Designs Law in Iran
Industrial Designs Law in Iran
1. Legal Framework
Industrial design protection in Iran is governed primarily by the Law for Registration of Patents, Industrial Designs, and Trademarks, enacted in 2008 (amended in 2013).
The law is administered by the Iranian Intellectual Property Office (IIPO) under the Organization for Registration of Deeds and Properties.
Iran is a member of the Paris Convention for the Protection of Industrial Property.
2. What Can Be Protected?
An industrial design is defined as the ornamental or aesthetic aspect of a product or part thereof.
Protection applies to features such as:
Lines
Shapes
Colors
Patterns
Ornamentation
The design must be:
New: Not previously disclosed to the public anywhere in the world.
Original: Not a copy or derivative of existing designs.
Functional features or technical solutions are not protected under design law but may fall under patent law.
3. Registration Process
Filing Authority: Iranian Intellectual Property Office (IIPO)
Application Requirements:
Application form with applicant’s details.
Clear representations (drawings or photos) of the design.
Description of the design.
Priority claim documents (if applicable).
Power of attorney (if filed by a representative).
Payment of prescribed fees.
Examination:
Formal Examination: To check completeness of documents.
Substantive Examination: To assess novelty and compliance.
If approved, the design is registered and a certificate issued.
4. Duration of Protection
The initial term of protection is 5 years from the filing date.
The protection may be renewed twice, each renewal extending the protection by 5 years, for a total maximum term of 15 years.
5. Rights Conferred
The registered owner has the exclusive right to:
Use the design.
Manufacture, sell, import, or license products incorporating the design.
Prevent third parties from unauthorized use or copying of the design.
6. Infringement and Enforcement
Design owners can initiate civil lawsuits for infringement.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Administrative measures may be available for border control to prevent importation of infringing products.
7. International Protection
Iran is a member of the Paris Convention, allowing priority claims for design applications filed within six months in other member states.
Iran is not a member of the Hague Agreement, so international registration of industrial designs is not available; protection must be sought via national filings.
Summary Table
Feature | Details |
---|---|
Governing Law | Law for Registration of Patents, Industrial Designs, and Trademarks (2008) |
Registration Authority | Iranian Intellectual Property Office (IIPO) |
Protection Duration | 5 years initially, renewable twice (max 15 years) |
International Treaties | Paris Convention |
International Registration | Not a member of Hague Agreement |
Enforcement Jurisdiction | Iranian courts |
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